Statement by the delegation of Ukraine at the UN Security Council Briefing on Sudan ICC

Mr. President,

I would like to thank ICC Prosecutor Madame Bensouda for the update on the Office’s judicial activities since June.

Ukraine remains deeply concerned about serious violations of international humanitarian law, indiscriminate killings and other crimes committed in Darfur. Gender-based violence, including ethnically motivated sexual crimes, continues to take place in Darfur as it was signaled by the respective Secretary-General’s report. In our view, this warrants special attention of the Council.

The report as well as previous ones, unfortunately, still notes that States fail to arrest persons sought by the Court. Article 27(1) of the Rome Statute provides that this Statute shall apply equally to all persons without any distinction based on official capacity. In particular, in official capacity as a Head of State or Government, a Member of a Government or parliament, an elected representative or a government official shall in no case be exempt from criminal responsibility under the Statute.

It is well known that the Court does not possess any enforcement mechanism and can fulfil its mandate only in cooperation with the States. Security Council resolution 1593 contains a clear requirement for the Government of Sudan to fully cooperate and provide any assistance to the Court.

Yet the reality is that the Government of Sudan has not reacted to requests from the Court, which often gets them back unopened. Ukraine considers such a stance inappropriate and disrespectful towards the Court. We call on the Government of Sudan to provide any necessary assistance to the Court and the Prosecutor.

Mr. President, 

Irrespective of being party or non-party to the Rome Statute, all UN member-states should consolidate their efforts to ensure accountability and to prevent grave crimes in Darfur and elsewhere from happening. Non-cooperation with the ICC in these situations is a violation of the UN Charter.

Our common failure to bring to justice those responsible for violations of international humanitarian law and abuses of human rights can stimulate violence in the rest of the world.

Finally, in these turbulent times for the authority and activity of the ICC in Africa, Ukraine would like to express its full support to the work of the Office of ICC Prosecutor on this, as well as other important cases.

Thank you, Madame, for your dedicated efforts.

I thank you, Mr. President.